Delhi

Central Delhi

CC/20/2016

RAJENDER SINGH - Complainant(s)

Versus

M. ROOP CATTERS - Opp.Party(s)

16 May 2017

ORDER

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Complaint Case No. CC/20/2016
 
1. RAJENDER SINGH
D-1544, NAND NAGRI, DELHI-93
...........Complainant(s)
Versus
1. M. ROOP CATTERS
H. NO. 2968, 3rd FLOOR, BHAGAT SINGH GALI NO. 4, CHUNA MANDI PAHAR GANJ, NEW DELHI-55
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. K.S. MOHI PRESIDENT
 HON'BLE MR. VIKRAM KUMAR DABAS MEMBER
 HON'BLE MRS. MRS. MANJU BALA SHARMA MEMBER
 
For the Complainant:
For the Opp. Party:
Dated : 16 May 2017
Final Order / Judgement

ORDER                                   

Vikram Kr. Dabas, Member                                                                   

  1. The complainant has filed the present complaint against the OPs under section 12 of the Consumer Protection Act 1986. The facts as alleged in the complaint are that on 13-03-2015 when the complainant  was travelling from Sahdol ,Madhya Pradesh to Hazrat Nizzamudin , Delhi  by  Utkal Express vide PNR no. 6338309958, he ordered O.P.1 one Veg. thali and against the said order O.P.1 charged a sum of Rs. 100/- from him . When  the complainant demanded bill of the order from OP1 its official handed over him  a handwritten bill which did not depict  any details regarding the food items , their rates , name of the company, Sales Tax, Vat Tax, Service Tax and Tin No and also there was no official stamp on it. It is alleged that complainant again and again demanded original bill from O.P.1 but to no effect; moreover officials of OP1  started quarreling  with him and also behaved rudely. T o save himself  the complainant  paid  Rs. 100/- to OP1. Aggrieved by this, the complainant lodged complaint bearing no. 009002 with T.T.E. regarding the same and obtained a copy of the same which has been filed on record. The complainant  also filed a written complaint with the railway authorities on 16.03.2015. He filed an RTI with the PIO railway board and had received a reply dated 15-10-2012 which interalia reads as under:-

3.the licensees must issue bills to the passengers in mobile units and RRs”  

  1.  

 It is alleged that complainant sent two letters dated  03.11.2015  to the OPs but OPs did not redress his grievance. Hence the complainant filed the present complaint claiming a sum of Rs. 1,00,000/- as compensation and Rs. 50,000/- as litigation cost. After the filing of the complaint the complainant had received a letter from OP2 informing that OP2 had imposed a penalty of Rs. 15000/- on the caterer for the irregularities found in the pantry service in view of the complaint lodged by the complainant.

  1. The OPs were served with a copy of the complaint. They did not contest the complaint and were ordered to be proceeded with exparte on 22.12.2016.
  2. In his exparte evidence the complainant has filed his affidavit dated 07.02.2017 and has supported the contents of the complaint. The complainant has filed on record a copy of the reservation slip, a copy of the bill for Rs 100/- charged from the complainant, a copy of the  complaint lodged with the railways, copy of the RTI application and its reply received from OP2 and letter dated 03.06.2015 vide which the complainant was informed that a penalty of Rs. 15000/- had been imposed on OP1 for irregularities in pantry services on his complaint. The various documents placed on record and the unrebutted testimony of the complaint prove this case against OP1. It has been proved on record that OP1 should have charged a sum of Rs. 50/- for the vegetarian meal whereas he was charged Rs. 100/- from the complainant. It has also been proved that the complainant was not supplied with a bottle of water of 200 ml along with the pack of the meal which was obligatory on his part.  The complainant was also not  supplied with a regular bill and was only supplied with a slip for Rs. 100/- charged from him. It is therefore clear that OP1 was deficient in rendering service to the complainant. We therefore direct OP1 to pay to the complainant a sum of Rs. 7500/- as compensation which will also include the cost of litigation.
  3. The OP1  shall pay the above entire awarded amount within a period of 30 days from the date of this order failing which OP1 shall be liable to pay interest @ 9% per annum from the date of order till realisation.

 

Copy of this order be sent to the parties as per rules. File be consigned to record room.

 

                        Announced this ___________day of __________2017.

 
 
[HON'BLE MR. K.S. MOHI]
PRESIDENT
 
[HON'BLE MR. VIKRAM KUMAR DABAS]
MEMBER
 
[HON'BLE MRS. MRS. MANJU BALA SHARMA]
MEMBER

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